Washington Township toddler's accused killer to undergo mental exam

Ronald Dimambro, the man accused of killing 2-year-old Damian Sutton of Washington Township, will undergo a psychiatric examination before prosecutors begin to formally present their case against him.

Dimambro, 26, who had already been charged with first-degree child abuse, was arraigned Tuesday on an amended felony warrant that also charges him with felony murder in the death of the toddler.

Through his attorney, Dimambro pleaded not guilty to the charges while standing before 42-1 District Judge Denis LeDuc. The judge ordered that Dimambro continue to be held in the Macomb County Jail without bond.

Defense attorney Randy Rodnick requested that his client undergo a mental evaluation to determine if Dimambro is competent to stand trial and whether he is criminally responsible for his alleged actions.

"They won't even give him a razor. They're not allowing him to shave," Rodnick told the judge.

Rodnick said he has been told by Dimambro's family that he had been hospitalized in the past for treatment of substance abuse. Rodnick told reporters outside the courtroom that he has not seen the reports, but that any purported use of drugs by a defendant raises questions about whether the person was, in a legal sense, criminally responsible for his actions at the time. He said Dimambro's family also suspects he may suffer from bipolar disorder.

"I don't know what kind of treatment he's getting now (at the county jail) or what kind of medication," Rodnick said. "At this time, I'm trying to figure out if there are any issues that may affect the case.

The psychiatric evaluation could delay the prosecution's case for a couple of months. A pre-exam conference is scheduled for Sept. 26 for attorneys on both sides of the case to review such things as prosecutors providing copies of police reports and other evidence to the defense.

Macomb County Prosecutor Eric Smith, who is personally trying the case, did not object to the defense request, saying the standard to have a defendant in a criminal case referred for the mental evaluation is relatively easy for attorneys to meet.

Smith said he was disappointed because the referral will slow the prosecution, but he did not want to risk raising an objection that could open the door for an appeal. He said he told Damian's family that he will do whatever is necessary to move the case along.

"We're going to do everything we can for justice for Damian," the prosecutor said.

Damian died Aug. 27, six days after he was hospitalized for what police suspected was a shaken-baby incident.

Dimambro, who was the boyfriend of Damian's mother, was baby-sitting the toddler while she was at work on Aug. 21. Police said Dimambro dialed 911 and told a Macomb County Sheriff's dispatcher that Damian was not responding and having difficulty breathing. Police said he later admitted that he shook the boy.

Officials said an autopsy determined that Damian died of blunt force trauma to the head.

If tried and convicted of felony murder, Dimambro would be sentenced to life in prison with no chance of parole.